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This determination considers whether the authority correctly exercised its powers in refusing to issue a building consent for a new house with a fixed glazing system.

Note (added 11/08/2022): Please note that this determination incorrectly refers to section 450A of the Building Act 2004 as a compliance pathway for the pool barrier in this determination. The acceptable solution provided for in section 450A was revoked by way of Gazette notice on 27 April 2017. As the determination does not conclude that the pool barrier was compliant via the acceptable solution in section 450A, the outcome of the determination is not affected.

This determination considers the compliance of a pool barrier made up of walls and doors of a building that was subject to an exemption under the Fencing of Swimming Pools Act. The determination considers whether the barrier complies to the extent required by section 162C of...

This determination considers the authority’s refusal to issue a code compliance certificate due to concerns that some of the building work does not comply with the building consent and the Building Code.

The determination considers whether the authority had grounds for refusing to issue the code compliance certificate, and the reasons given for the refusal as set out in its section 95A notice.

This determination arises from a dispute regarding the installation of cedar weatherboards in a manner that is not in accordance with the building consent or with the manufacturer’s instructions. The determination considers whether the weatherboards as installed comply with Clauses E2 and B2 of the Building Code.

Discussed whether masonry walls complied with Clause B1 of the Building Code that was in force at the time the consent was granted. Related to building work that was carried out without inspections, and whether there was sufficient evidence to establish compliance.

Explanatory note

This determination contained an error when it was issued on 26 June 2019. At Paragraph 5.6.6 it read, “I note here the torch-on-membrane, which the authority issued a building consent for (refer paragraph 4.5.1), is permitted within the Acceptable Solution as a capping material to parapets".

To provide clarity paragraph 5.6.6 is now to be read as follows, “I note here metal, butyl or EPDM membranes are the materials specified in the Acceptable Solution as capping materials to parapets. The authority issued a building consent (refer paragraph 3.7) for the torch on membrane, which established that the authority was satisfied with the compliance of that material as a weathertightness system."

This determination considers the compliance of parapet and...

This determination considers the authority’s proposal to issue a notice to fix for work that the authority considers constitutes building work that required building consent.  The issue concerns an abode that has been constructed using a trailer and that the owner contends is a vehicle and not a building.  The matter turns on whether the work carried out was work for or in connection with the construction of a building.

This determination considers an authority’s purported refusal to grant a building consent for a proposed skillion roof design on an extension to an existing dwelling. The roof design is intended to comply with E2.3.5 by way of acceptable solution E2/AS1 for ventilation to this roof space.

This determination considers an authority’s decision to refuse to grant an application for a building consent for the construction of a new dwelling. The determination considers the authority’s reasons for the refusal, and whether the proposed timber piled foundation design complies with Building Code Clause B1 Structure.